Sayra Khatoon And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48599 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sayra Khatoon, Wife of Sainullah Ansari
2. Sainullah Ansari @ Md. Sanaullah @ Saimullah Ansari Son of Late Hajrat Ansari
3. Ainullah Ansari, Son of Late Hajrat Ansari
4. Mostt. Mahuri Mian Khatoon @ Mostt. Mahuri Mian alias Mahurunia Khatoon, Wife of Late Hajrat Ansari
5. Chunia Khatoon, Wife of Ainullah Ansari
6. Sakila Khatoon Wife of Sainul Rai
7. Hasmuddin Rai Son of Sainul Rai
8. Nasruddin Rai Son of Sainul Rai
9. Sainul Rai @ Saniul Rai @ Saunul Rai @ Sinul Rai, Son of Late Mohammad Rai All are Residents of village- Shekhwa Tola, P.S.- Adapur, District- East Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sunil Kumar No.III, Advocate.
For the Opposite Party : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Adapur P.S. Case No. 79 of 2015 for the offences instituted under Sections 341, 342, 323, 147, 149, 447, 427, 379, 354, 376 and 511 of the Indian Penal Code.
As per prosecution case on 10.05.2015 the scuffle took place between the son of the informant and the accused persons.
Patna High Court Cr.Misc. No.48599 of 2015 (2) dt.03-02-2016 2/3 On 11.05.2015 all the accused persons forcibly plucked the mango from the field of the informant and assaulted her son, daughter and daughter-in-law.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case between the parties. Petitioner nos. 1, 4, 5 and 6 are female members of the family.
On behalf of the State and counsel for the informant it has been submitted that the petitioners are named in the FIR. Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner nos. 2, 3, 7, 8 and 9 on anticipatory bail. Accordingly, the same is rejected. Any how taking into account that the petitioners nos. 1, 4, 5 and 6 are female members, let petitioners namely Sayra Khatoon, Mostt. Mahuri Mian Khatoon @ Mostt. Mahuri Mian @ Mahurunia Khatoon, Chunia Khatoon and Sakila Khatoon be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Adapur P.S. Case No. 79 of 2015 on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Learned SubDivisional Judicial Magistrate, Raxaul at Motihari, East
Patna High Court Cr.Misc. No.48599 of 2015 (2) dt.03-02-2016 3/3 Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J.) KKSINHA/- U T